Why There’s No Legal Authority Behind Trump’s New Tariffs | National Taxpayers Union

The Independent Institute and National Taxpayers Union invite you to a timely online policy conversation about recently announced tariffs under Section 122 of the Trade Act of 1974, following the Supreme Court’s ruling that previously invoked emergency economic powers do not authorize unilateral tariff authority. Featured speakers include Phil Magness, Fellow at the Independent Institute, Joe Bishop-Henchman, Executive Vice President of the NTU Foundation, and Bryan Riley, Director of the Free Trade Initiative at NTU.

The event will offer a clear explanation of what Section 122 actually permits, including its legislative history and how it has been used in practice, and consider whether the Administration’s current tariff policy aligns with the statute’s intended scope. Panelists will also explore how executive tariff powers interact with Congress’s constitutional authority over taxation and interstate commerce, and discuss oversight options and legislative responses that may follow.

This conversation matters for understanding executive authority, congressional power, and the kinds of economic policy that can be implemented without new legislation — particularly at a moment when trade policy and statutory interpretation intersect. The discussion is designed for lawmakers, reporters, policy professionals, and all those tracking the future of U.S. trade and economic policy.